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Weekly Opinion Summaries
Transportation Cases

June 4, 2010 Weekly Transportation Newsletter
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  • National Air Traffic Controllers Assn. v. Fed'l Serv. Impasses Panel
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U.S. D.C. Circuit Court of Appeals, June 01, 2010
National Air Traffic Controllers Assn. v. Fed'l Serv. Impasses Panel, No. 08-5479
In an action by an air traffic controllers' union against the Federal Service Impasses Panel (FSIP), the Federal Aviation Administration (FAA), and the Federal Labor Relations Authority, seeking both a declaratory judgment that the FSIP had jurisdiction over an impasse involving the FAA and an injunction requiring the FSIP to assert jurisdiction over all such pending and future impasses, dismissal of the action for lack of subject matter jurisdiction is affirmed in part where none of the relief sought by the union could be obtained from the FAA. However, the dismissal is reversed in part where, because the union did not seek review of a decision of either the FSIP or the General Counsel, the district court erred in dismissing the case for lack of jurisdiction. Read more...

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